Stephan Zouras, LLP represents Registered Nurses, Occupational Therapists, and Physical Therapists who have worked more than 40 hours in a workweek but did not receive overtime pay because they have been misclassified as “exempt” under federal and state wage laws.
Many hospitals, medical institutions and home health agencies pay home health nurses and therapists on a “per visit” basis for patient visits and an “hourly” basis for other work. This type of “hybrid” compensation scheme is unlawful, and does not excuse the employer from paying overtime as required by federal and state wage laws.
On July 14, 2016 Stephan Zouras, LLP filed a class and collective action on behalf of current and former Vanguard Home Care nurses and therapists.
Because the home health nurses and therapists were paid for their work on a combination of a “per visit” basis for time spent visiting patients and hourly basis for other work, they contend they were not paid on a legally-recognized salary or fee basis and thus, entitled to overtime for all time worked in excess of 40 hours in given workweeks.
Stephan Zouras, LLP has recently secured several multi-million dollar settlements on behalf of classes of Clinicians who worked for some of the largest health care systems in the United States.
You can learn more about common questions and answers regarding home health care clinicians lawsuits here.
All too often, employers take advantage of their employees by not properly compensating them for overtime worked in violation of federal and state law. The Fair Labor Standards Act (FLSA) requires employers to pay employees 1 ½ times their regular rate of pay for all hours worked over 40 each workweek unless they are properly classified as “exempt.”
The law requires the employer to establish very strict and specific requirements before properly classifying an employee as an exempt professional, executive, administrator or other recognized category of exemption. Most states have comparable laws of their own.
If you work or have worked as a home health care clinician and would like more information about your rights, contact us.